State v. Schiernbeck

Supreme Court of Iowa

State v. Schiernbeck

215 N.W.2d 261, 1974 Iowa Sup. LEXIS 1343

CourtSupreme Court of Iowa

DecidedFebruary 20, 1974

DocketNo. 2-56676

StatusPublished

This text of 215 N.W.2d 261 (State v. Schiernbeck) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Schiernbeck, 215 N.W.2d 261, 1974 Iowa Sup. LEXIS 1343 (iowa 1974).

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Opinion

PER CURIAM.

Defendant appeals adverse judgment in a postconviction proceeding. We affirm.

Defendant was convicted of robbery without aggravation under Code § 711.3. [262]*262He appealed, alleging in part that he was denied constitutional and statutory rights to speedy trial. We held he failed to preserve any error on that issue by not requesting a pretrial ruling on his motion to dismiss. State v. Schiernbeck, 203 N.W.2d 546 (Iowa 1973). In his postconviction petition he repeated his assertion he was denied a speedy trial, and in this appeal contends the postconviction trial court erred in denying relief on that ground.

Our decision in his previous appeal that he waived any error on the speedy trial issues bars his present effort to litigate it again. § 663A.8, The Code; State v. Wetzel, 192 N.W.2d 762, 764 (Iowa 1971) (“Relitigation of previously adjudicated issues is barred.”). No reversible error has been demonstrated.

Affirmed.

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PER CURIAM.

Defendant appeals adverse judgment in a postconviction proceeding. We affirm.

Defendant was convicted of robbery without aggravation under Code § 711.3. [262]*262He appealed, alleging in part that he was denied constitutional and statutory rights to speedy trial. We held he failed to preserve any error on that issue by not requesting a pretrial ruling on his motion to dismiss. State v. Schiernbeck, 203 N.W.2d 546 (Iowa 1973). In his postconviction petition he repeated his assertion he was denied a speedy trial, and in this appeal contends the postconviction trial court erred in denying relief on that ground.

Our decision in his previous appeal that he waived any error on the speedy trial issues bars his present effort to litigate it again. § 663A.8, The Code; State v. Wetzel, 192 N.W.2d 762, 764 (Iowa 1971) (“Relitigation of previously adjudicated issues is barred.”). No reversible error has been demonstrated.

Affirmed.

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215 N.W.2d 261, 1974 Iowa Sup. LEXIS 1343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schiernbeck-iowa-1974.

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